Record of Justus Lyon's [s/b Lyons'] Will
Be it remembered that heretofor to wit on the twelfth day of June AD 1849 Henry Lyons
the sole executor named in the last will & testament of Justus Lyons late of the town
of Barton in the County of Tioga deceased appeared in open Court before the County
Judge of the County of Tioga & made application to have the said last will & testament
which relates to both real & personal estate proved & on such application the County
Judge did ascertain by satisfactory evidence who are the widow heirs & next of kin
of the said testator & their respective residency & some of them appearing to be
minors having no general guardian residing within the State of New York a special
guardian was appointed in due form of law to take care of their interests in the
matter of proving the said will by an order entered for that purpose by said County
Judge & said County Judge did thereupon issue a citation in due form of law, directed
to the said widow, heirs & next of kin & special guardian by their respective names
stating their respective places of residence requiring them to appear before said
County Judge at his office in the Town of Owego on the fourth day of August then
next ensuing to attend the probate of the said will: & afterward to wit on the said
fourth day of August satisfactory evidence by affidavit was produced and & presented
to said County Judge of the service of the said citation in the mode prescribed by
law; And on that day no one appearing to oppose the probate of such sill such
proceedings now were thereupon had that the County Judge took the proof of said
will hereinafter set forth upon this fourth day of August AD 1849 and he adjudged
the said will to be a valid will of real and personal estate & the proofs thereof
to be sufficient which said last will & testament & proofs are as follows that is
to say:
Will
I Justus Lyons of the town of Barton County of Tioga & State of New York do make &
ordain this my last will and testament in manner & form following, to wit, I give
& bequeath to my beloved wife Fanny Lions [s/b Lyons] the use of the premises I now
occupy & live on during her natural life and after her decease I give & bequeath
the same said premises (being one hundred acres of land) to Justus C. Lions [s/b Lyons]
by his paying to my Executor (one year after my decease) the sum of five hundred
dollars ($500) I give & bequeath to my son Henry Lions [s/b Lyons] the fifty acres
of land now occupied by him; also I give & bequeath to my son J. C. Lions [s/b Lyons]
the fifty acres of land now occupied by him; also I give and bequeath to my son
Jonathan C. Lions [s/b Lyons] another fifty acres of land situated in the town of
Barton, Tioga Co, N.Y. known as the Cantine lot, joining land of the Widow Hedges
& now in possession of the said J. C. Lions [s/b Lyons]; I give & bequeath to my son
Justus Lions [s/b Lyons] Jr. the fifty acres of land on which he now resides, & now
occupies, I give & bequeath to my son Frances Lions [s/b Lyons] the lot of land now
owned by me in Factoryville, I will & order my Executor to pay out the five hundred
dollars (after receiving the same from Justus C. Lions [s/b Lyons]) in the following
manner viz, to Henry Lions the sum of one hundred dollars, to Jonathan C. Lions one
hundred dollars & to David Lions one hundred dollars & to Frances Lions the
sum of one hundred dollars and to Justus Lyons (my son) the sum of ten dollars &
the sum of ninety dollars to my granddaughters Polly & Lucy Vanetten (heirs of
my deceased daughter Julia) I nominate Henry Lions (my son) executor of this my
last will & testament herby revoking REST OF THIS SENTENCE IS MISSING.
AD1847
His
Justus X Lyons
Mark
Signed, sealed, published & declared by the said testator Justus Lions [s/b Lyons] as
& for his last will & testament in the presence of us who have subscribed our names
as witnesses thereto, in the presence of the said testator.
Gilbert Edgcomb Jr, Jas. W. Swartwood, George King
Depositions & Testimony of the Witnesses
Tioga Surrogate Court
In the matter of proving the last will
And testament of
Justus Lyons deceased
Tioga County SS Gilbert Edgcomb of
Barton in said County being duly sworn and examined before Charles P. Avery County
Judge of Tioga County doth depose & say that he was well acquainted with Justus
Lyons late of the said town of Barton now deceased. That he was present as a
witness & did see the said Justus Lyons subscribe his name by making his mark
at the end of the instrument in writing now produced & shown to this deponent
bearing date the first day of October AD1847 purporting to be the last will and
testament of the said Justus Lyons deceased. That the said Justus Lyons at the
time of making the said subscription declared the said instrument to be his last
will & testament & requested this deponent to sign his name as a witness
thereto . Thereupon this deponent accordingly signed his name as a witness at the
end of the said instrument in the presence of the said Justus Lyons. This deponent
further says that the said Justus Lyons at the time he so executed the said
instrument was a citizen of the United States, of full age, of sound mind &
memory, in all respects competent to devise real estate & not under restraint
& that this deponent saw James W. Swartwood & George King then of the town
of Barton sign the said instrument at the end thereof as witnesses in the presence
of the said Justus Lyons & at his request and this deponent further says that
he drew said instrument at the request of the said Justus Lyons; That he has since
inspected it & finds it in no respect altered or changed; That it is the same
in all respects as when it was executed.
Subscribed & sworn this Signature of G. Edgcomb
4th day of August AD 1849
Signature of C.P. Avery
County Judge
Tioga County SS
George King of Barton in said County being duly sworn & examing before
Charles P. Avery County Judge of Tioga County doth depose & say that he was well
acquainted with Justus Lyons late of Barton aforesaid now deceased that he was
present as a witness & did see the said Justus Lyons subscribe his name.
THE NEXT SENTENCE IS MISSING ………………….
Will & testament & requested this deponent to sign his name as a witness thereto.
Thereupon this deponent accordingly signed his name as a witness at the end of the
said instrument in the presence of the said Justus Lyons. This deponent further
says that the said Justus Lyons at the time he so executed the said instrument
was a citizen of the United States, of full age, of sound mind and memory, in all
respects competent to devise real estate & not under restraint and that this
deponent saw G. Edgcomb & Jas. W. Swartwood sign the said instrument at the end
thereof as witnesses in the presence of the said Justus Lyons & at his request
Sworn this 4th day of Signature of George King
August AD 1849 before me
Signature of C.P. Avery
County Judge
Tioga County SS: James W. Swartwood of Addison in Steuben County late of Barton
in the County of Tioga being duly sworn & examined before C. P. Avery
County Judge of Tioga County doth dispose & say that he was well acquainted
with Justus Lyons now deceased. That he was present as a witness & did see
the said Justus Lyons subscribe his name by making his mark at the end of the
instrument in writing now produced & shown to this deponent bearing date the
1st day of October AD1847 purporting to be the last will & testament of the
said Justus Lyons deceased. That the said Justus Lyons at the time of making the
said subscription declared the said instrument to be his last will and testament
& requested this deponent to sign his name as a witness thereto. Thereupon
this deponent accordingly signed his name as a witness at the end of the said
instrument in the presence of the said Justus Lyons. This deponent further says
that the said Justus Lyons at the time he so executed the said instrument was a
citizen of the United States, of full age, of sound mind & memory in all
respects competent to devise real estate & not under restraint.
Sworn this 4th day of Signature of Jas W. Swartwood
August AD1849
C.P. Avery
County Judge
County of Tioga SS:
It appearing upon the proofs duly taken in respect to the
last will & testament of Justus Lyons late of the town of Barton in said County of
Tioga deceased that the said will was duly executed & that the said Justus Lyons at
the time he executed the same was in all respects competent to devise real estate &
not under restraint the said last will & testament & the said proofs &
examination are herby recorded. Signed & certified by me pursuant to the provisions
of the Revised Statues this 4th day of August AD1849.
Signature of Charles P. Avery
County Judge of Tioga County
Recorded August 4th AD1849
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